District of Massachusetts • 1:25-cv-13093

#1

Oct 22, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11312574 Fee status: Filing Fee paid., filed by Dani Gualberto Esquivel Gonzalez. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet, # 3 Category Form)(Hurvich, Carl) Modified on 10/22/2025 (SR). (Entered: 10/22/2025)

#2

Oct 22, 2025

ELECTRONIC NOTICE of Case Assignment. Chief District Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (LBO) (Entered: 10/22/2025)

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Oct 22, 2025

Service Order-2241 Petition

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Oct 22, 2025

General Order 19-02

Oct 22, 2025

Notice of Case Assignment

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Oct 27, 2025

Notice of Appearance

#6

Nov 05, 2025

Answer/Response to Petition for Writ of Habeas Corpus - 2241

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Nov 07, 2025

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241) filed by Dani Gualberto Esquivel Gonzalez. Having reviewed the Petition of Dani Gualberto Esquivel Gonzalez ("Petitioner") for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, D. 1, and Respondents' response to same, D. 6, the Court ALLOWS the Petition insofar as it sought a bond hearing/individualized custody redetermination before an immigration judge under 8 U.S.C. § 1226(a), which the Court ORDERS within seven (7) days of this Order. Respondents are also ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Court further ORDERS Respondents to file a status report within ten (10) days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.Factual background. Petitioner is a twenty-year old noncitizen from Guatemala who has been living in the United States since 2023. D. 1 ¶ 1. On May 20, 2023, a Border Patrol agent encountered Petitioner in El Paso, Texas, arrested him and transferred him to a Central Processing Center in El Paso, Texas for processing. D. 1-1 at 139. There, the Department of Homeland Security ("DHS") classified Petitioner as an "unaccompanied juvenile" and issued him a Notice to Appear ("NTA") charging him as a person "present in the United States who has not been admitted or paroled" under INA § 212(a)(6)(A)(i) [8 U.S.C. 1182(a)(6)(A)(1) (providing that "[a]n alien present in the United States without being admitted or paroled,..., is inadmissible")], not as an "arriving alien." Id. at 24-25. The same day, DHS issued Petitioner a "Warrant for Arrest of Alien" under Section 236 of the Immigration and National Act ("INA"), which is codified at 8 U.S.C. § 1226. Id. at 27. Petitioner attended a custody redetermination hearing and the immigration judge denied Petitioner's request for bond. Id. at 29. Petitioner was subsequently transferred to the Office of Refugee Resettlement before being released to the custody of his father in Hartford, Connecticut on June 3, 2023. D. 1 ¶ 1; D. 1-1 at 36, 42. In the spring of 2024, Petitioner submitted an I-589 application for asylum, and in October 2024, his employment authorization application was approved. D. 1 ¶ 1; D. 1-1 at 22.On or about August 23, 2025, Petitioner was encountered by the United States Immigration and Customers Enforcement ("ICE") in Hartford, Connecticut. D. 1-1 at 138. Petitioner was arrested and taken into ICE custody in the Hartford Ice office and was subsequently transferred to Plymouth County Correctional Facility where he is currently detained. D. 1 ¶ 2. On October 16, 2025, an immigration judge denied Petitioner's request for a custody redetermination hearing "because [Petitioner] is subject to mandatory detention." D. 1-1 at 1; see id. at 133-35.Discussion. Petitioner brings this Petition to challenge his detention in this district and seeks relief from same. D. 1 . Accordingly, this Court has jurisdiction over the Petition as it concerns relief that Petitioner seeks challenging his continued detention. Kong v. United States, 62 F. 4th 608, 614 (1st Cir. 2023) (noting that "we have held that district courts retain jurisdiction over challenges to the legality of detention in the immigration context").As Respondents concede in their opposition, D. 6 at 1, "this Court's recent decision in Dias De Carvalho v. Hyde (among others) controls this case." Id. Consistent with this Court's ruling in Dias De Carvalho and Da Silva, the Court concludes that Petitioner's custody is covered by 8 U.S.C. § 1226(a) (which allows for discretionary determination of custody before an immigration judge) and not 8 U.S.C. § 1225(b)(2), as Respondents contend (which provides for mandatory detention for "applicants for admission"). Order, Dias De Carvalho v. Hyde, No. 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), Doc. No. 14 and cases cited; Da Silva v. Bondi et al., No. 25-cv-12672, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025) and cases cited. That is reflected in Petitioner's May 2023 NTA stating that he is "an alien present in the United States who has not been admitted or paroled," not "an arriving alien," D. 1-1 at 24-25, and Warrant for Arrest of Alien that was authorized under 8 U.S.C. § 1226, id. at 27, as well as Petitioner's present "Record of Deportable/Inadmissible Alien" from August 23, 2025, categorizing Petitioner under INA § 212(a)(6)(A)(i) and INA § 212(a)(7)(a)(i)(I), id. at 137-38.Accordingly, Petitioner's Petition for a writ of habeas corpus under 28 U.S.C. § 2241, D. 1, is ALLOWED insofar as it sought a bond hearing/individualized custody redetermination before an immigration judge under 8 U.S.C. § 1226(a), which the Court ORDERS within seven (7) days of this Order. Respondents are also ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Court further ORDERS Respondents to file a status report within ten (10) days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial. (SEC) (Entered: 11/07/2025)

Nov 07, 2025

Order AND ~Util - Set Deadlines

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Nov 17, 2025

Status Report